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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 103 Conditions of pest control licence

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 103

Conditions of pest control licence

    (1)     Without limiting subsection (2), a pest control licence is subject to the following conditions—

        (a)     the licence holder must comply with any obligation or limitation imposed on the licence holder by this Act or the regulations;

        (b)     the licence holder is only authorised to use the pesticide or classes of pesticides specified in the pest control licence;

        (c)     the licence holder must comply with any relevant obligations imposed by the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 and the Occupational Health and Safety Act 2004 ;

        (d)     if the pest control licence is granted under section 101(3), the licence holder may only use the pesticides or classes of pesticides entered on the pest control licence under the supervision of a person who holds a pest control licence as an authorised user of those pesticides or classes of pesticides under section 101(2).

    (2)     A pest control licence may also be issued or renewed subject to the following conditions—

        (a)     if the pest control licence so specifies, a condition that the specified pesticide or classes of pesticides may only be used for the specified uses;

        (b)     a condition permitting the use of a prescribed chemical product or a chemical product of a class that is prescribed within the meaning of section 30 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 for a purpose referred to in section 100;

        (c)     any other condition imposed by the Secretary.

    (3)     The Secretary can only issue or renew a licence subject to a condition referred to in subsection (2)(b) if the Secretary

        (a)     is satisfied that the licence holder is competent to use the prescribed chemical product or chemical product of a class that is prescribed; and

        (b)     has consulted the Secretary to the Department of Primary Industries.